30 Mar 2014

The Member of Parliament for Lobatse, Mr Nehemiah Modubule has called for amendment of Section 68(1) (a) of the country’s constitution.

The amendment, he noted, would provide for the right of MPs to continue as members of the National Assembly up to and including the last day preceding a general election notwithstanding the dissolution of Parliament.

Tabling the Constitutional Amendment Bill of 2013 in Parliament on March 26, Mr Modubule said this was pursuant to their aims of improving the terms and conditions of MPs and to do away with the discrimination that existed for years.

He said members of the executive, the Speaker, Deputy Speaker and councillors remained in office up to the day preceding elections or until new members were elected or appointed, whereas MPs tenure ended on dissolution of Parliament.

Mr Modubule said MPs remain custodians of the republic even when Parliament had been dissolved hence it was important that they should continue as MPs until new ones were elected.

The legislator argued that Section 91 (5) of the constitution recognised the members of the dissolved Parliament as the legitimate members who could be called upon to do their Parliamentary role of passing legislation.

Mr Modubule said those members who were members of the dissolved Parliament continue to be on standby in case there is an emergency, therefore it makes sense that they should be recognised as MPs up to the last day preceding the general elections.

He added that Section 43 (a) (II) of the constitution qualifies ministers to remain so up to and including the day preceding elections or until another minister is appointed.

Furthermore, he said Section 59 (3) (c) of the constitution protects the Speaker and recognizes him/her up to the time when a new Speaker is appointed or the first sitting of the Assembly after Parliament has been dissolved.

He said the two scenarios clearly allow them to complete their five year term without interruption, while it is the opposite for MPs as they become affected by the dissolution of Parliament.

Mr Modubule further said that what he is proposing is happening in other democratic Parliaments around the world such as in Namibia, Tanzania, Malawi, Denmark and South Africa. Ends